Terms of Service (ToS) and Acceptable Usage Policy (AUP)

LAST UPDATED: 30 OCTOBER 2016

The document you are reading now is the legal contract between you and HyperDrive Systems Pty Ltd (a.k.a., “EWD”, “Estar Web Design”, “we”, “us”) that applies to your use of anything EWD, including EWD’s websites, mobile apps, email and other products, content, and related services.

These terms and conditions of service (collectively, with Estar Web Design Privacy Policy, the “Terms of Service” or “Agreement”) govern your use of the Website and the services, features, content or applications operated by EWD (together with the Website, the “Services”), and provided to the Subscriber (the “Subscriber”, “you” or “your”).

Who is HyperDrive Systems Pty Ltd?

HyperDrive Systems Pty Ltd is the company that provides and operates the Estar Web Design Services. We refer to ourselves here as “Estar Web Design”, because Estar Web Design is the name of the service the vast majority of our users know us by.

Please read these Terms of Service carefully before using the Services. If you do not agree to these terms of service, you must not use the Services and you should exit the website and stop use of the services immediately. Your use or continued use of Estar Web Design services constitutes your acceptance of these terms and conditions.

Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, pornographic content, adult and/or related content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Estar Web Design to be unacceptable use of Estar Web Design services including abuse of server resources.

Additionally, IRC (or related software), PsyBNC, EggDrop, BitchX, proxy software or any related application may not be used, loaded or stored (compressed or otherwise) on any of Estar Web Design Servers (Proof of use or public display NOT required). Failure to comply will result in immediate account suspension/termination.

We do not allow email forwarding to AOL addresses. Any such forwarders will be automatically deleted and may result in interruption of hosting services.

Adult Content, Gambling Sites and sites Selling or Advertising Targeted/Untargeted Traffic are NOT Allowed.

All Content must be legal in the United States of America and Australia.

Estar Web Design provides internet web hosting, web promotion, and several other web related services.

This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Support Limitations

Estar Web Design will make every effort to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on Estar Web Design’s part to tutor the necessary skills to utilize that service, only to provide system-specific information. We do not provide support for 3rd party applications or scripts but will do our best to help if we can.

Cancellation Policy / Termination

Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit Estar Web Design right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

Cancellation of any domain or account will not be processed without the required procedure. Any person wishing to terminate their account or any domain within their account must login to the members area / client area and submit a cancel request for that domain. This request must be submitted AT LEAST 7 days before the next billing is due. Cancellations will not be accepted without completing the step mentioned above. No exceptions will be made. The cancellation procedure is required for your protection as well as ours. The procedure provides evidence that the individual cancelling the account is authorized to do so. Once this request is received, and information verified; the user’s data will be erased off the server. In the event that a client requests cancellation of account AFTER it has re-billed, cancellation charges of $15 will be applicable and deducted from any refundable amount.

In the event that Estar Web Design elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.

In the event that Estar Web Design elects to terminate Customer without cause, Customer shall receive a full refund of any pro-rated balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

Estar Web Design reserves the right to terminate any customer without prior notice and without assigning any reason.

All Customers acknowledge that Domain Registration Fees and/or Setup Fees, if any, are Not Refundable.

Service Upgrades

The customer must request the upgrade of service using the Support HelpDesk. The sales staff will generate a new invoice for the upgrade. The upgrade is processed upon successfull payment of the upgrade invoice. A prorated credit is applied to this invoice if the next billing date is 35 days or greater at the time of the upgrade request.

The date of upgrade request will be considered as the date the customer consents to the upgrade, after options were offered to them by our sales team.

Refund Policy

Estar Web Design offers a 30 Day Money Back Guarantee which is fully honored. If we receive a cancellation request under the cancellation policy described above, a FULL refund will be issued to the client within 7 days of cancellation request.

NO refunds are provided after the expiry of this 30 day money back guarantee period.

Liability

Customer agrees that Estar Web Design shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that Estar Web Design shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold Estar Web Design liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

Estar Web Design is not liable for customer site content backups on their shared hosting platforms. Estar Web Design has made every reasonable attempt to protect the security and integrity of customer’s web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

IN NO EVENT SHALL Estar Web Design LIABILITY EXCEED THE TOTAL VALUE PAID TO Estar Web Design BY CUSTOMER.

Representation and/or Warranties

Estar Web Design makes no representations and cannot guarantee that Customer’s domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Estar Web Design liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.

Client Content, Backups and Data Loss

Estar Web Design performs backups of client accounts once per week on Linux shared servers for accounts up to 20 GB is size. Accounts which exceed 20 GB are removed from the backup systems, with the exception of databases; any databases will continue to be backed up.

Estar Web Design makes every effort to insure that any backups performed are valid. Estar Web Design assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent account backups.

Estar Web Design assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at Estar Web Design . Backup arrangements for client content for any frequency other than the standard weekly backup frequency must be made by written contract and acceptance by Estar Web Design and any such contracts will be subject to premium monthly charges.

Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Estar Web Design Servers, or of any database maintained on any server operated by Estar Web Design, in the event Estar Web Design is unable to restore customer content from backup. It is the clients responsibility to know the content on their hosting accounts.

AT NO TIME SHALL Estar Web Design ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

Security

Customer understands that the Internet and other various networking communications are not secure.

Applicable Laws

Customer will ensure that its use of the Internet and any service provided by Estar Web Design to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, Estar Web Design shall have the right to consider same a breach of this Agreement by customer which shall entitle Estar Web Design to terminate Customer immediately without prior notice.

It shall be within the sole discretion of Estar Web Design to deem material as inappropriate.

Estar Web Design reserves the right to refuse to install and/or accept any hosting account without assigning any reason.

Integrity of Information

Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Account Security

Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer’s password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Estar Web Design shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL Estar Web Design LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Estar Web Design AND CUSTOMER.

Estar Web Design will use its best efforts to maintain the integrity and security of Customer’s password.

Domain Name Ownership

Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall Estar Web Design be responsible for this cost.

Free domains will be renewed as part of the hosting package they are assigned to. To renew/avail free domains, all hosting and related dues must be paid ON or BEFORE the invoice due date for that hosting account.

Failure to pay this invoice within the due date, constitutes the acceptance of full domain registration charges.

Email Services

Estar Web Design email services are available for hosted customers only. Unauthorized use of the mail services is strictly prohibited. Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.

POP/IMAP Email services are not to be used to transfer system backups or disk images. Hosting space on standard hosting plans CANNOT be used to store email online. In order to store email, customer must be on Semi-Dedicated Hosting Service or a VPS / Dedicated Server. Customers store their e-mail on Estar Web Design servers at their own risk.

Disk Usage Guidelines

Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. EWD expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. EWD may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of these terms and conditions.

Bandwidth Usage

Estar Web Design reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding the allotted usage monitored by Estar Web Design will be given the option to pay for excess usage at a rate determined and published by Estar Web Design, or will be given notice of suspension of service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.

The Following is Not Allowed On Our Servers

Sites with Banners, Graphics or CGI Scripts running from their domain used on other domains (example is a site running a Banner Exchange). High Yield Income Programs (HYIP) Sites, Web Sites offering download files or archives. (Please see Disk Usage Guidelines).

Resource Usage

Users may not:

1. Use 15% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes

WordPress Usage & Modules

We do not allow any WordPress caching modules on our hosting services. WordPress caching modules continually cause server overload problems. These modules include but are not limited to ones listed here.

INODES / File Count

The use of more than 250,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 250,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Accounts that cross the 500,000 file count / Inode limit may be suspended without prior notice.

Accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage WILL be flagged for review and/or suspension.

The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail“, then “Default Address“, “Set Default Address“, and then type in: :fail: No such user here

Adult Content

Adult-oriented sites are NOT allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group. Sites of such nature will be removed immediately and will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Audio / Video Content

We allow multimedia files (QuickTime, Real Audio, Real Video, MP3/MP4, Windows Media) ONLY if you legally own the content of these files. For example, you can store the home videos you created with your movie camera / handycam but you CANNOT store a video or movie you purchased from someone else.

On Personal Plans, each individual audio / video file should not be larger than 20 MB. On Business Plans each file can be up to 50 MB.

Hosting Account Ownership

The billing contact, as registered with Estar Web Design is considered to be the account owner. Estar Web Design will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

Legal Action

Customer agrees to indemnify and hold Estar Web Design harmless in any legal action which arises as a result of Customer’s use of Estar Web Design services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

Changes to this Policy

WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF THE Estar Web Design RESOURCES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS MODIFIED BY THE POSTED CHANGES.

Headings

Headings in this Agreement are for convenience only and shall NOT be used to interpret or construe these provisions.

Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify Estar Web Design via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer’s acceptance of same.

Renewal

Customer’s failure to properly notify Estar Web Design of its objections to any of the terms and conditions set forth herein shall constitute Customer’s acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. Estar Web Design current Terms and Conditions may be viewed at www.Estar Web Design.com

We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.

Spam/Bulk Email Policy

*** NOTICE CONCERNING MAILING LISTS, MASS MAILING, UNSOLICITED MAILINGS (SPAM)***

IN THE INTEREST OF OUR CUSTOMERS, WE FOLLOW A ZERO TOLERANCE ANTI-SPAM POLICY. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES FOR SPAMMERS.

Estar Web Design STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY Estar Web Design , PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO Estar Web Design SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. Estar Web Design DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON Estar Web Design SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN’S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.

MAILING LISTS HOSTED ON Estar Web Design SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY Estar Web Design IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.

ONLY HOSTING ACCOUNTS THAT INCLUDE MAILING LISTS AS PART OF THE PACKAGE WILL BE ALLOWED TO OPERATE THEM.

I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY Estar Web Design OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY BULK MAILINGS.